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Daniel Coble
- Jan 6, 2020
Improper Bolstering
A recent South Carolina Court of Appeals case explains "bolstering" and how it is improper: Examples of cases of improper bolstering:...
Daniel Coble
- Jan 5, 2020
Character Evidence - restrained because of its own power
An old Supreme Court case sums up why character evidence has to be limited in criminal trials: Michelson v. United States, 335 U.S. 469,...
Daniel Coble
- Jan 3, 2020
Automobile exception: how soon after must warrantless search occur? "Not... immediately"
In a recent Court of Appeals case, the court analyzed two exceptions to the warrant requirement - consent and automobile: One thing...
Daniel Coble
- Jan 2, 2020
CREAC: Franks Hearing in South Carolina
A Franks hearing is used when the defense alleges that the search warrant is invalid and thus the items seized should be suppressed (in a...
Daniel Coble
- Dec 30, 2019
Top 5 Evidence Cases of 2019: #2
While the rules of evidence rarely are amended (807 had it coming though), they are often interpreted and applied in different ways each...
Daniel Coble
- Dec 30, 2019
Can character evidence ever be an affirmative defense?
No, according to a 2002 case from the Fifth Circuit Court of Appeals: United States v. John, 309 F.3d 298, 303 (5th Cir. 2002) And also...
Daniel Coble
- Dec 29, 2019
Character Evidence: "the slow growth of months and years"
Setting aside 405(b), why do the courts favor character evidence that is based on reputation and not specific incidents? This quote from...
Daniel Coble
- Dec 29, 2019
Top 5 Evidence Cases of 2019: #3
While the rules of evidence rarely are amended (807 had it coming though), they are often interpreted and applied in different ways each...
Daniel Coble
- Dec 28, 2019
Top 5 Evidence Cases of 2019: #4
While the rules of evidence rarely are amended (807 had it coming though), they are often interpreted and applied in different ways each...
Daniel Coble
- Dec 14, 2019
804(b)(1): How much of the former testimony comes in? Some? All?
In this recent SC Court of Appeals case, a defendant was tried twice for burglary. In the first trial, witness A testified. At the...
Daniel Coble
- Dec 13, 2019
Evidence of a prior acquittal...falls under 403
A followup to the recent SC Court of Appeals case: defendant was tried for larceny and burglary. He was acquitted on the larceny and...
Daniel Coble
- Dec 12, 2019
Collateral Estoppel in Criminal Cases
What happens when a defendant is acquitted of one charge but hung on the other? Can the state prosecute the defendant again on the...
Daniel Coble
- Dec 7, 2019
Prior convictions as an element of the crime
This summer, the SC Supreme Court handed down an interesting case on Rule 403, 611(a), and prior convictions as elements of the crime. ...
Daniel Coble
- Oct 23, 2019
Is it a lesser included?
Today, the SC Supreme Court held that ABHAN was not a lesser included of CSC because the legislature has "codified all degrees of...